Several years ago, a court in Texas issued an order barring a mother from ever seeing her children again—for life.

But because the court did not “officially” terminate the mother’s rights, the court’s order was able to be based on very little due process and on the lowest legal standard of proof.

When we heard about the case, Heritage Defense Foundation filed an amicus brief with the Texas Supreme Court. In it, we argued that effectively terminating parental rights required much more due process and a higher legal standard of proof. Our brief argued that the trial court’s actions shocked the conscience and violated parental rights. That was in July of 2023. The Texas Supreme Court heard oral arguments in October 2024.

On May 5, 2025, the Court issued a unanimous (9-0) opinion in Stary v. Ethridge.

In its opinion, the Court examined whether a lifetime protective order infringed on parental rights. Importantly, the Court clarified that parents’ right to uphold the care and custody of their children includes the “right to decide who is present in their children’s lives, including themselves.” One line from the ruling sums up the issue well:

In agreement with our brief, the Court next concluded that the lifetime protective order was the functional equivalent of a termination of parental rights. As a result, the Court required that a protective order exceeding two years in duration would require proof by the higher standard of “clear and convincing evidence” rather than the lower “preponderance of the evidence” standard. The Court ultimately reversed the appellate court’s ruling and remanded the case to the trial court.

This ruling is a great victory for parental rights. In a time when many federal courts are issuing broad and controversial rulings, it is encouraging that a unanimous Texas Supreme Court was able to cut through the nuances of this case and issue a straightforward and commonsense ruling that clearly protects parental rights.

The fight for parental rights is ongoing, and Heritage Defense Foundation is here to protect and defend parents’ God-given parental rights. If you would like to help support the work of Heritage Defense Foundation, you can donate here.